Court voids FG’s eight-year retirement policy for education directors

A Nigerian court has struck down a Federal Government policy that mandated retirement for education directors after eight years in office. The National Industrial Court ruled that teachers and education officers appointed as directors are eligible to continue in service until they reach the age of 65 or complete 40 years of pensionable service.

Justice O. Y. Anuwe declared circulars from the Office of the Head of the Civil Service of the Federation and the Federal Ministry of Education invalid. The court found these directives conflicted with the Harmonised Retirement Age for Teachers in Nigeria Act of 2022. The Act guarantees retirement at 65 years of age or after 40 years of service, irrespective of rank.

The legal challenge was initiated by Mrs. Rakiya Gambo Iliyasu, a Grade Level 17 Director in the Federal Ministry of Education. She argued that as an Education Officer, she qualified for the protections offered by the 2022 Act. Iliyasu contended that the government's circulars unlawfully forced her and other directors to retire before reaching the statutory retirement age.

The court's judgment affirmed that Section 3 of the Teachers’ Retirement Age Act explicitly exempts teachers, including Education Officers, from any Public Service Rule imposing retirement before the age of 65 or 40 years of service. The court also noted a prior communication from the Head of the Civil Service acknowledging this exemption, making the subsequent enforcement of the eight-year tenure policy inconsistent.